PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           22 May 2003                    
	DOCKET NUMBER:   AR2003086124

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.. 		Chairperson	
	Mr. Stanley Kelley . 		Member	
	Ms. Gail J. Wire		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the Purple Heart (PH) he received be added to his record.   

3.  The applicant states, in effect, that he was wounded in the Republic of Vietnam (RVN) and as a result received the PH.  He further indicates that
the list of awards in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214) does not include the PH, and it should be added to his record at this time.

4.  The applicant’s military records show that he enlisted in the Regular Army for 3 years and later extended the period of this enlistment by six months.  He entered active duty on 26 January 1967, and after successfully completing training, he was awarded military occupational specialty (MOS) 45J 
(Aircraft Armament Repairer).  

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that he was promoted to specialist five (SP5) on 31 July 1969, and this is the highest rank he attained while serving on active duty.  It also shows that he served as an Aircraft Armament Repairer with Headquarters and Headquarters Company (HHC), 3rd Brigade, 1st Cavalry Division, RVN, from 28 September 1967 through 23 January 1968. 

6.  Item 40 (Wounds) of the applicant’s DA Form 20 contains the entry “GSW Right Leg, 3 Jan 68”, which indicates he was wounded in action in the RVN on that date.  Item 41 (Awards and Decorations) lists the following awards earned by the applicant during his tenure on active duty:  National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); RVN Campaign Medal with 60 Device; and Distinguished Flying Cross (DFC).  The PH is not included in this list of awards.  

7.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Order (GO) Number 4818, dated 15 June 1968, which awarded the applicant the DFC for his heroism while participating in aerial flight in the RVN on 3 January 1968.  A portion of the citation entered as the reason for the award contains the following statement:  “disregarding his own safety, exposed himself to the intense hostile ground fire as he continually placed a high volume of effective suppressive fire on the enemy emplacements, inflecting numerous casualties although wounded.”  The MPRJ is void of any derogatory information or a disqualification from any of his active duty unit commanders that preclude awarding him the Army Good Conduct Medal (AGCM).  

8.  On 24 July 1970, the applicant was honorably released from active duty (REFRAD) after completing a total of 3 years, 5 months, and 29 days of active military service.  The DD Form 214 issued to him on his separation date confirms that during his tenure on active duty, he earned the DFC, NDSM, VSM with two bronze service stars; and RVN Campaign Medal with 60 Device.  No other awards or decorations, to include the PH, are listed in this separation document.  

9.  The Department of the Army (DA) Vietnam Casualty Roster, which lists the names of soldiers wounded in action while serving in the RVN includes the applicant’s name.  This entry confirms that he was wounded in action on 
3 January 1968, while serving as a specialist four (SP4) in the RVN.  

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action.  The wound or injury for which the PH is being awarded must have required treatment by a medical officer, this treatment must be supported by medical treatment records that were made a matter of official record.  

11.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that it is authorized for each 3 years of qualifying honorable service completed on or after 27 August 1940.   While there is no automatic entitlement to the AGCM, disqualification must be justified.  

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (HHC, 3rd Brigade, 1st Cavalry Division) earned the Valorous Unit Award and RVN Gallantry Cross Unit Citation with Palm.

CONCLUSIONS:

1.  The Board notes the applicant’s claim of entitlement to the PH, and it finds this claim has merit.  By regulation, to support the award of the PH, there must be evidence showing that a member was wounded or injured as a result of enemy action.  The wound or injury for which the PH is being awarded must have required treatment by a medical officer, and the record of this treatment must have been made a matter of official record.  

2.  The evidence of record includes an entry in Item 40 (Wounds) of the applicant’s DA Form 20 that confirms he received a gunshot wound to the right leg while serving in the RVN on 3 January 1968.  This entry is corroborated by the citation contained in the GO that awarded the applicant the DFC, which indicates that he continued to engage enemy forces although wounded.  

3.  The applicant’s casualty status is further confirmed in the DA Vietnam Casualty Roster, which contains an entry verifying that he was wounded in action on 3 January 1968, while serving as a SP4 in the RVN.  Notwithstanding the lack of specific medical treatment records, the Board finds the evidence more than sufficiently satisfies the regulatory burden of proof necessary to support award of the PH.  Therefore, it concludes it would be appropriate to add this award to his record at this time.  

4.  During its review of this case, the Board discovered that the applicant is entitled to awards that were not included in either his record or his separation document.  Lacking any derogatory information on file that would disqualify him from receiving the AGCM, or a specific disqualification from any of the active duty unit commanders for which he served, the Board finds that he is entitled to the AGCM based on his qualifying period of honorable active duty service from 
26 January 1967 through 25 January 1970.

5.  In addition, the record confirms that the applicant is entitled to the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service with his unit in the RVN during qualifying periods.  Thus, the Board also finds that it would also be appropriate to add these awards to his record at this time.  

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart;  by awarding him the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 26 January 1967 through 25 January 1970; by showing he is entitled to a Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for his qualifying unit service in the RVN; and by providing him a corrected separation document that includes these awards. 

BOARD VOTE:  

__ST__  ___GW__  ___RO_    GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Conner, Jr.		                                                                     CHAIRPERSON

INDEX

CASE ID	AR2003086124	
SUFFIX		
RECON		
DATE BOARDED	2003/05/22	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1970/08/24	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.  46	107.0000	
3.		
4.		
5.		
6.